Eighteen:

"From: Legal .au [Mail to: joel.g .au]

Sent: Monday 15/7/13 8:25 a.m.

To: Theodore.j .au (features editor)

CC: HR, Editor-in-chief, chief-subeditor, Managing Director, Records

Subject: Damon.

Hi Ted,

As per our discussion last night we have conference on this matter and feel that there is no legal impediment towards suspending Damon without pay whilst the police investigate the matter further. However we would be prepared to suspend him with pay as we appreciate he is going through a hard time and would not like to make it harder for him.

Yours sincerely

Joel Grimshaw,

BA, LLB (Hons)

Legal counsel to Australian Times, Victoria."

"From: Theodore.j .au

Sent: 15/7/13 11:10 a.m

To: Joel.g .au (Legal Helpdesk)

CC: HR, Editor-in-chief, chief-subeditor, Managing Director, Records

Subject: RE Damon

Hi Joel,

Damon is back from leave today so will schedule a time to talk to him however my opinion is that not only do I not believe for a moment that he killed Lou- and I say that as someone who has known him for a long time as well as a colleague and boss- but also I believe that he would be better off here at work rather than us having to pay him as well as a filler. Furthermore I feel that suspending him will reflect badly upon his innocence and this paper. Can you imagine the Herald-Scum and the Sage reporting that one of our features writers has been suspended pending police investigation either with or without pay? I know you think in terms of what we can do to protect the paper from liability but there is more to it than that.

Thanks,

Ted."

"From: Joel.g .au

Sent: 15/7/13 11:49 a.m.

To: tedj .au (Features editor)

CC: HR, Editor-in-chief, Managing Director, Records, CFO

Subject: RE: RE: Damon

Hi Ted,

I completely understand your reluctance to suspend Damon without pay but perhaps we should ask someone who is not so invested to make the decision? It is not a matter of our suggesting at his guilt or innocence but merely extending him leave in this difficult time whilst the police make further enquiries. Granted I do not have a journalist background so I cannot make determinations but do you think it would look worse should Damon be charged with murder and we had not suspended him than vice versa? Nor of course can I comment on financial ramifications. I will CC in Alan and ask for his advice visa vi this.

Joel."

"From: Alanm .au

Sent: 15/713 12:33 p.m

To: Theodore.j .au, (features editor), joel.g .au (legal helpdesk)

CC: HR, Editor-in-chief, Managing Director, Records,

Subject: Suspension of features writer

Hi Ted and Joel,

Whilst it would possibly be more of a financial burden to suspend Damon with pay and then hire a filler or buy features from other publications or freelancers would we possibly be looking at any kind of financial ramifications should Damon be found guilty and we had not acted legally speaking? Could we be liable for perverting the course of justice with say Damon's articles about his deceased partner and could we be liable to any financial issues?

Regards

Alan."

From: Joel.g .au

Sent: 15/7/13 1:18 pm.

To: alan.m .au (finance), Theodore.j .au (features editor)

CC: HR, Editor-in-chief, Managing Director, Records

Subject: RE suspension of features writer

Hi Alan,

Of course anything is possible. We could be charged with perverting the course of justice or attempting to pervert the course of justice or perjury charges and as a company could be given a substantial fine should we be found guilty. We could also be looking at civil lawsuits should the writer be found guilty of murder from the deceased's family that could run into some serious change. I had a quick look through the employee contract that all workers have signed and we have grounds to suspend without pay in a couple of sections. Section 1, subsection A III provides for bringing the paper into disrepute with sanctions from written warnings, suspension and revoking of employee position. Section 3 subsection C also provides for the same actions should the employee knowingly commit a criminal offense that could impact upon the paper. Murder does not fit this but at a stretch I could argue that writing about the death and blaming others for it could count. So there is cause should you feel you wish to act Alan. My considered legal opinion is that Damon could be a liability with his actions but as Ted noted I do not have the journalistic or business background.

Joel."

From: Alan.m .au

Sent: 15/713 1:47 p.m

To: Joel.g .au (legal helpdesk), Theodore.j .au (features editor)

CC: HR, Editor-in-chief, Managing Director, Records

Subject: RE RE suspension of features writer.

Ted- this is your call but would suggest you run it past the MD before making it.

Alan."

From: walter.p .au

Sent: 15/7/13 3:09 p.m

To: Theodore.j .au (features editor)

CC: HR, Editor-in-chief, Records, Legal Helpdesk, PA to Managing Director

Subject: Determination of suspension proceedings.

Hi Ted,

I am just letting you know I have read your submission as well as the emails I was copied into on this instance. I have decided I would like to talk to Damon so my PA is making a time for him to come up and talk to me regarding this before I make a formal decision however between us I am a little torn.

On one hand I believe we have innocent until found guilty as one of our guiding legal principles (unlike France haha) and to suspend Damon without pay could get us into a hell of a lot of hot water with the union. (Joel I believe you say we have just cause to justify such an action but would you double check with our union rep here or in Sydney to be completely sure and action that ASAP.) Especially should he be charged and found innocent or not be charged at all. And to suspend him without consultation would get the union in a flap as well as being not entirely ethical and I do pride myself on our ethics here at Victorian branch.

On the other hand my concern is ultimately for the paper's reputation- something neither of you chaps has to ultimately bother yourself with.

Naturally I will ask the two of you to attend the meeting though in which capacity I have not yet determined. Damon can bring a union rep or friend to support him and/or act upon his advice or as his counsel. I shall let you know the time but am aiming for tomorrow afternoon or, at latest, Wednesday morning.

Brooke can you please action this?

Kind Regards,

Walter Patterson,

Managing Director,

Australian Times, Victorian branch."

"From: Brooke.z .au

Sent: 15/7/13 3:25 p.m

To: Damon.j .au

CC: Managing Director, Features Editor, Editor-in-chief, HR, Records, Legal Helpdesk

Subject: Meeting Wednesday with Walter

Hi Damon,

Walter would like to meet with you Wednesday at 11:30 a.m. This is a formal meeting and proceedings will be recorded so please feel free to bring someone with you such as your union rep or another colleague who can be passive or provide counsel. Also in attendance will be the features editor and Joshua from Legal. The meeting is to determine whether you brought the paper into disrepute with the untimely death of your girlfriend and the articles proceeding it.

Walter obviously appreciates that this is a hard time for you and I hope you got the flowers and card he sent you for your loss.

Please reply at your earliest convenience to confirm you will be in attendance or whether you need to change the date and time.

Yours sincerely,

Brooke Zamira

PA to Walter Patterson, Managing Director, Australian Times, Victoria."

"From: Damon.j .

Sent: 15/7/13 3:40 p.m.

To: .au

Subject: Proposed disciplinary action.

Hi Aiden,

I was hoping I could get some advice.

I have a meeting with the managing director on Weds morning. Recently my girlfriend was murdered and though I am not sure of the reasoning it seems that the MD wants to discuss whether my actions have brought the paper into disrepute.

Reading between the lines they are talking about suspension with or without pay or perhaps even the termination of my employment.

If I forward you my employment contract and my membership number can you perhaps give me some advice? I have been told I can have a rep with me at the meeting and I think that might be a good idea. How do I go about organising that?

I have spoken to the police but have not been charged with a crime and I have not done anything that I think constitutes affecting the paper. I did beg my editor to let me write about my girlfriend but only because the idea of journo's like myself getting to muck over the rakes of her life and dissect it or provide commentary upon it upset me so I wanted to do it myself.

I have attached scanned copy of my contract and my membership card.

Thanks in advance,

Damon."

"From: .au

Sent: 15/7/13 4:13 p.m.

To: damon.j .au

Subject: RE Proposed disciplinary action

Hi Damon,

Having had a quick perusal of your employment contract there is a possibility that the paper could make a case for suspension but- in my opinion- not for dismissal by claiming that your actions brought the paper into disrepute. However given you have not been charged with a crime- to my knowledge?- I think that they are barking up the wrong tree.

Of course I would be happy to attend as your union rep and perhaps we could have some time before hand to confer?

Aiden."

"From: Damon.j .au

Sent: 15/7/13 4:29 p.m.

To: .au

Subject: RE RE Proposed disciplinary action

Hi Aiden,

Thank you. Shall we meet in the lobby at 11 a.m Weds?

Damon."

"From: .au

Sent: 15/7/13 4:56 p.m

To: damon.j .au

Subject: RE RE RE Proposed disciplinary action.

Hi Damon,

Okay, look forward to meeting with you then.

Aiden."

"From: Damon.j .au

Sent: 15/7/13 5:05 p.m

To: brooke.z .au (PA to Walter Patterson)

CC: Theodore.j .au (Features Editor)

Subject: RE Meeting Wednesday with Walter

Hi Brooke,

Yes I did get the flowers and I greatly appreciated them at this difficult time. Louise's family and friends and I are all still grieving for her death and I think we shall be for some time to come.

I shall be bringing with me Aiden from the union for the meeting.

Thanks,

Damon."

"From: Damon.j .au

Sent: 15/7/13 5:13 p.m.

To: Theodore.j .au (Features Editor)

Subject: ?

Ted,

Should I be worried?

Damon."

"From: Damon.j .au

Sent: 15/713 5:16 p.m

To: JordyAmanda

Subject: Work dramas

Hi Jordy and Amanda,

First day back at work would have gone brilliant if not for the MD wanting to see me for a formal discussion of whether there will be any sanctions- on the record naturally because we journos love that phrase more than foreplay- over my actions. Specifically whether I have brought the paper into disrepute by oh, I don't know, murdering my girlfriend. My union rep says that he doesn't think they can fire me for something I haven't been charged with doing but I sure as hell hope he is right because that wont go down well. Needless to say I won't be making dinner tonight. Hope we can take a raincheck?

D."

"From: jordyAmanda

Sent: 15/7/13 5:31 p.m.

To: damon.j .au

Subject: RE Work dramas.

WTF?

Will call you tonight.

Jordy."

"From: blocked

Sent: 15/7/13 5:44 p.m

To: kellie.c .au

Subject: Murder of Louise W and suspension of Damon.

Hi Kellie,

In the interest of co-operation given your help last year on that sports story I might have a scoop for you if you would be interested?

X."

"From: Kellie.c .au

Sent: 15/7/13 5:56 p.m

To: blocked

Subject: RE: Murder of Louise W and suspension of Damon

Hi X,

You know I am. But why would you be giving me this info despite our agreement last year?

Regards,

Kellie Crabtree"

"From: blocked

Sent: 15/7/13 6:06 p.m

To: Kellie.c .au

Subject: RE RE Murder of Louise W and suspension of Damon

Kellie,

You're a journo- use your brain. No, seriously, you know the paper isn't going to run this story and I think it needs to be told. We do protect our own. Look at the Jill M case from last year- not one news outlet reported on the info coming to light in the committal hearing because she was one of our own and I disagreed because the news needs to be told and fuck protecting people if they don't deserve it.

Damon is going to be meeting with the MD in the next day or two for formal disciplinary proceedings for bringing the paper's reputation into disrepute what with being a suspect in his girlfriend's murder and all. Yes the cops released him but he's clearly a POI and, quite frankly, he gives me the creeps. There's something weird about him Kel.

Anyway thought you might like to run a story about how the times are looking at suspending him until the cops have cleared him. My source told me in confidence the MD is furious at the idea of having not only a potential murderer on staff but the fact that his writing about Louise could open us up to lawsuits and monetary compensation.

Does this make us even?

X."

"From: kellie.c .au

Sent: 15/7/13 6:13 p.m

Subject: RE RE RE Murder of Louise W and suspension of Damon.

Hi,

Not quite but getting there LOL.

Kell."

"From: kellie.c .au

Sent: 15/7/13 6: 27 p.m

To: damon.j .au

Subject: Comment re possible outcome of disciplinary action.

Hi Damon,

First can I just say my condolences on the death of Louise? I only met her that one time at the Walkley awards but she seemed lovely.

Secondly I was wondering whether you would have any comment on the news that you are due to meet with the MD and legal regarding whether or not they will take action against you? I know you have not been charged with a crime but does Walter anticipate that happening or is he just trying to cover his- not small- arse? Or jumping the gun like you guys are wont to do?

Kellie."

"From: damon.j .au

Sent: 15/7/13 6: 49 p.m.

To: kellie.c .au

Subject: RE Comment re possible outcome of disciplinary action.

You need to ask Kellie? No comment.

Damon."

"From: Theodore.j .au

Sent: 15/7/13 7:19 p.m

To: damon.j .au

Subject: RE ?

Damon,

You know better than to ask. But nothing has been set in stone yet. It's all just something that Walter has to look into and you know that too.

Ted."